T. Richard Kane

Partner
301 S. College Street, Suite 2900, Charlotte, NC 28202
301 Fayetteville Street, Suite 1900, Raleigh, NC 27601

t: 704.342.5303

f: 704.342.5264

t:

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Rick Kane concentrates his practice in two areas of the law that have almost nothing in common with each other.

In his environmental law and toxic tort practice, Rick has privately advised clients, negotiated on their behalf, and defended their interests in hundreds of matters involving regulation under the Clean Air Act; the Clean Water Act; the Comprehensive Environmental Responsibility, Compensation, and Liability Act ("Superfund"); the Resource Conservation and Recovery Act; the Toxic Substances Control Act, the National Environmental Policy Act; and their North Carolina counterpart statutes. His representations have ranged in scope from the air pollution permitting for a substantial expansion of a major national airport to the defense of numerous small businesses against claims of improper hazardous waste disposal. He successfully negotiated the resolution of US EPA's claims against a local dry-cleaner as part of the nationally publicized Camp LeJeune contaminated drinking water matter, and obtained a dismissal of a subsequent civil action brought by private parties against his client in that matter. He obtained a defense verdict the first North Carolina lawsuit alleging the infliction of severe adverse health effects through the inhalation of endotoxins associated with poultry production.

In his "lawyer law" practice, Rick principally defends attorneys against claims of legal malpractice. However, in proceedings before the North Carolina State Bar, he also regularly represents North Carolina lawyers against allegations of ethical violations, as well as lawyers from other jurisdictions against claims of unauthorized practice in North Carolina. He handles, in addition, disputes concerning law firm break-ups and professional negligence insurance coverage.

Representative Experience

  • Coastal Property Ventures, LLC, et al. v. R.A. North Development, Inc., et al. (Mecklenburg County Superior Court 2012) - Dismissal of all claims against two closing attorneys in case alleging manipulation of lot prices in high-end coastal residential developments.
  • In re: Attorney A (Grievance Committee of the North Carolina State Bar 2013 -2014): successful diversion of allegation of attorney trust account misfeasance to State Bar Trust Account Supervisory Program and eventual dissolution of preliminary injunction against client attorney.
  • In re: Candidate B (2014): representation of candidate for admission in successful appearance at Board of Law Examiners character and fitness hearing.
  • Vaca v. Attorney C (Union County Superior Court, 2011) - Judgment on the pleadings in favor of the defendant worker's compensation lawyer alleged to have negligently allowed an unfaithful guardian to deplete her client's award.
  • In re: Attorney D (Grievance Committee of the North Carolina State Bar, 2011) - dismissal of grievance against respondent lawyer accused of making a knowingly false statement in a federal court filing.
  • Piraino Brothers, LLC v. Atlantic Financial Group, Inc., 365 N.C. 357 (2011) - Zero-liability trial and appellate results in defense of attorney and law firm accused of breach of trust agreement, conversion, civil conspiracy, and aiding and abetting client fraud in multi-million dollar real estate transaction.
  • KB Home Charlotte v. Knotts-Providence LLC et al. (Union County Superior Court 2011) - Dismissal of all claims against closing attorney in suit arising from conveyance of prospective residential subdivision.
  • Laws v. Priority Trustee Services of North Carolina, LLC, 610 F. Supp. 528 (WDNC 2009); No. 09-1432 (4th Cir. 2010) - Dismissal of action, and successful appellate defense of dismissal, in a purported $11 million class action against multi-state firm retained to perform foreclosure sales.
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